RESEARCH
Parliamentary Inquiry
Tasmania Parliamentary Inquiry into Tasmanian Adult Imprisonment and Youth Detention Matters
A Briefing Document
This document reviews submissions made to the Tasmanian Legislative Council Government Administration Committee 'B' as part of its inquiry into adult imprisonment and youth detention matters.
Overall Themes:
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Limitations of the current punitive justice system: Numerous submissions highlight the ineffectiveness of punishment as the primary response to crime, particularly its failure to address the underlying social and economic factors driving criminal behaviour.
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Urgent need for a rehabilitative and restorative justice approach: Strong advocacy for shifting focus from punishment to rehabilitation and restorative justice, emphasizing community-based solutions, therapeutic interventions, and addressing the needs of both victims and offenders.
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Concerns regarding youth justice: Significant focus on the detrimental impacts of youth detention, including the high recidivism rates and the “pipeline” leading to adult prisons. Calls for increased diversionary programs and alternative sentencing options.
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Necessity of adequate resourcing and infrastructure: Submissions emphasize the need for increased funding and resources for rehabilitation programs, support services, and staffing, as well as improved prison infrastructure that fosters rehabilitation.
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Focus on specific vulnerable groups: Recurring concerns about the over-representation of Indigenous people in the criminal justice system and the lack of adequate support for women, people with disabilities, and those experiencing mental health issues.
Key Ideas and Facts from Submissions:
1. Ineffectiveness of Punishment:
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Historical Failures: Grant Herring states, "Punishment alone has never resolved crime. Not now; not ever...Throughout Tasmania’s history, if health and wellbeing for perpetrators of crime had been the focus rather than their punishment, our community would be undoubtedly more prosperous in many ways."
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Justice Reinvestment: Herring and others advocate for a “justice reinvestment” approach, using data to identify and invest in disadvantaged communities with high crime rates, addressing underlying causes of crime.
2. Shift to Rehabilitation and Restorative Justice:
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Community Confidence: Herring emphasizes that a restorative justice system "can, alternatively build community confidence and certainly, build capacity both through skills development and capital cost savings."
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Scandinavian Model: Prisoners Legal Service Tasmania points to the success of Scandinavian prison systems, which prioritize rehabilitation and reintegration, suggesting their applicability in Tasmania.
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Problem-Solving Courts: Michael Hill advocates for establishing specialized courts, like Drug Courts, which utilize a problem-solving approach based on therapeutic jurisprudence, focusing on rehabilitation rather than solely punishment.
3. Youth Justice Reform:
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Addressing Trauma and Vulnerability: Engender Equality highlights the disproportionate impact of incarceration on women, noting, "it is estimated that 85% of incarcerated women in Australia have experienced violence at some stage in their life, and 98% have experienced victimisation and trauma."
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Minimizing Detrimental Impacts: The Tasmanian Government submission acknowledges that “short custodial sentences…can also result in disruptions to protective factors (such as jobs, housing, relationships) and are often not long enough for meaningful interventions in custodial settings.”
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Diversionary Programs: TasCOSS and others call for increased investment in diversionary programs and alternative sentencing options for young people to break the cycle of recidivism.
4. Addressing Specific Needs:
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Speech and Language Needs: Speech Pathology Australia emphasizes the link between speech, language, and communication needs (SLCN) and criminal justice system involvement, recommending early identification and intervention for at-risk individuals.
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Mental Health Support: Mental Health Council of Tasmania highlights the vulnerability of people with mental health issues within the justice system and recommends trauma-informed approaches and culturally safe services.
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Addressing Brain Injury: Brain Injury Association of Tasmania stresses the need for specialized support and diversion programs for individuals with brain injuries in contact with the justice system.
5. Adequate Resourcing and Infrastructure:
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Staffing Shortages: The United Workers Union expresses concerns about chronic understaffing in the Tasmanian Prison Service, impacting staff safety and well-being, and hindering rehabilitation efforts.
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Investment in Programs: Justice Reform Initiative outlines a range of community organizations providing support to people impacted by the justice system, highlighting the need for continued and increased funding for their services.
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Sustainability in Prisons: Dean Maddock, a Churchill Fellow, presents a case for incorporating sustainability initiatives within prisons, citing successful examples in the US that reduce recidivism, save costs, and provide inmates with valuable skills.
6. Learning from Other Jurisdictions:
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Singapore Prison Service: The Onesimus Foundation highlights the transformation of the Singapore Prison Service from a purely punitive system to one focused on rehabilitation, emphasizing the importance of a clear vision and stakeholder engagement.
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New Zealand Youth Justice: TasCOSS references the success of the New Zealand Youth Justice system in reducing youth offender numbers, pointing to their use of specialist policing divisions, diversionary programs, and community-based support.
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Danish Open Prisons: Martyn Goddard contrasts the Danish prison system, with its focus on open prisons and reintegration, to the Australian system, where closed, high-security prisons are the norm. He argues that Denmark’s approach demonstrates greater effectiveness in reducing recidivism.
Overall, these submissions paint a clear picture of the need for significant reform in Tasmania's adult imprisonment and youth detention systems. A shift from punishment to rehabilitation, restorative justice, and investment in community-based support is crucial to addressing the root causes of crime, reducing recidivism, and building a safer and more just society for all Tasmanians.